Sharing information with the Police

The request was partially successful.

Dear Oxford Brookes University,

I would like to request the information which is detailed below. I would prefer to receive this information in electronic format to this address.

Please confirm receipt of this request.

If the documents requested contain information not disclosable under Freedom of Information, please clearly mark that these sections have been removed.

For all of these requests I am asking for information from the last 3 years of your records.

1. How many students details have you passed on to the police.

a) In how many, if any, of these cases has the University required a court order before releasing the detail?

2. What is the usual procedure regarding the passing of information regarding students to the police, including what information is required from the police before students details are passed on. Please include any policies, guidance documents or similar information relating to this request.

3. Please provide a breakdown of the type of offence which subjects have been suspected of and the number in each category, which has led to their details being released.

Yours faithfully,

Mr Franklin

Ray Cooke, Oxford Brookes University

Dear Mr Franklin,

Freedom of Information Act Request - our reference 2014-051

Thank you for your email dated 1st April 2014 requesting information from
Oxford Brookes University about sharing information with the Police.

The University will respond on or before 1st May 2014,  the date on which
the 20 working day response period permitted by the Freedom of Information
Act ends.

I may need to contact you again if the request needs to be clarified; this
is to ensure that we provide you with the information you require.

Please note that in certain cases some information you have requested may
not be provided to you; this will only be information that can be withheld
by law. In these cases the reasons will be explained to you along with
your copy of any information that can be released to you.

Yours Sincerely
Ray Cooke
Information Compliance Officer
Oxford Brookes University
Oxford Brookes Information Solutions
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: +44 (0)1865 484354

Connect with OBIS:

[1]obis.brookes.ac.uk

[2]service.brookes.ac.uk
twitter: @obiscomms
[3]www.brookes.ac.uk

References

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Ray Cooke, Oxford Brookes University

Dear Mr Franklin,

Freedom of Information Act Request - our reference 2014-051

I am writing further to your email of 1st April 2014 asking for
information from Oxford Brookes University about sharing information with
the police. I am able to provide the following information in response to
your request.

You asked:
For all of these requests I am asking for information from the last 3
years of your records.
1. How many students details have you passed on to the police.
Answer:  We have searched the information we hold and I can let you know
that we have recorded 78 occasions since April 2011 where the University
has passed student details to the police.

a) In how many, if any, of these cases has the University required a court
order before releasing the detail?
Answer: None
2. What is the usual procedure regarding the passing of information
regarding students to the police, including what information is required
from the police before students details are passed on. Please include any
policies, guidance documents or similar information relating to this
request.
Answer:  The usual procedure is to request from the police the completion
by them of their standard Personal Data Request form in which the Police
are asked to specify the data required, the nature of the enquiry to which
the personal data relates, confirmation that the purpose of the enquiry
relates to a policing purpose, the identity of the officer making the
enquiry, and to provide the countersignature of a more senior officer.
In addition the University will seek to comply with the guidance provided
by the Information Commissioner's Office relating to such disclosures.
 This guidance can be found at:
[1]http://ico.org.uk/for_organisations/guid...
Our current Data Protection Handbook includes the following guidance
relevant to your request:

Police, Government Departments and Agencies

The Data Protection Act does provide an exemption from the non-disclosure
provisions where the information is needed in order to safeguard national
security, for the prevention or detection of crime, or because there is
legislation that requires the information to be provided. Requests from
government departments or other agencies must always be in writing, and
must give details of the particular legislation that gives them the right
to receive personal information.

The police should normally make a request using a Personal Data Request
Form (see appendix 1) that has been agreed by both the Association of
Chief Police Officers (ACPO) and the Information Commissioner.  This is
often referred to as a Section 29 form; this is because Section 29 of the
Data Protection Act provides the Police with the legal authority for their
request.  The form requires the Police to give specific reasons why they
believe the information they are asking the University to provide will
prevent a crime or assist in the apprehension of a suspect. 

A request made under section 29 does not mean the automatic release of
information; the decision still rests with the University.  The Personal
Data Request Form has a section for us to respond, either confirming the
release of the information requested or explaining why we are not willing
to provide it.

There may be occasions where the completion of the Personal Data Request
Form seems excessively bureaucratic – perhaps because all the Police ask
is that we confirm or deny something they already know. Where this is the
case, it is sensible to respond but if any follow-up questions mean
revealing information from the University’s records then the Request Form
is essential. Always make a note of the identity of the Police Officer
making the request and record details of the information provided.

Enquiries from the Department of Work and Pensions or a local Council are
likely to be requested using the authority provided by the Social Security
Fraud Act 2001. All requests should comply with the Code of Practice on
Obtaining Information[1]

Where such requests are made to the University, it is invariably good
practice to consult the University’s Information Compliance Office. 

[1] [2]http://www.dwp.gov.uk/docs/cop-ssfa.pdf

3. Please provide a breakdown of the type of offence which subjects have
been suspected of and the number in each category, which has led to their
details being released.
Answer: We do not hold this information as the precise type of offence is
not always specified or recorded in the information provided as part of
the request.  Nor do we routinely collate the information against set
categories.  The information requested, however, normally relates to
enquiries into criminal offences and is normally requested under the
section 29 exemption of the Data Protection Act 1998 which is used for the
purposes of the prevention or detection of crime and the apprehension or
prosecution of offenders.

If this information does not address your requirements under the Freedom
of Information Act or you wish to complain about any aspect of the
handling of this request, then you should contact the undersigned in the
first instance. Should you remain dissatisfied, then you may apply for an
internal review by contacting the Director of Corporate Affairs at Oxford
Brookes University, Headington Campus, Gipsy Lane, Oxford OX3 OBP
(email: [3][email address].uk ).  Your request for internal review
should be submitted to us within 40 working days of receipt by you of this
response.  

During the independent review the handling of your information request
will be reassessed by staff who were not involved in providing you with
this response. If you remain dissatisfied with the handling of your
request or complaint, you have a right to appeal to the Information
Commissioner at The Information Commissioner's Office, Wycliffe House,
Water Lane, Wilmslow, Cheshire SK9 5AF. Further contact information and
details of the role and powers of the Information Commissioner can be
found on the Commissioner's website: [4]http://www.ico.org.uk/  

Please note that the Information Commissioner is unlikely to investigate
your case until the University’s internal review process has been
completed. 

Yours sincerely
Ray Cooke
Information Compliance Officer
Oxford Brookes University
Oxford Brookes Information Solutions
Headington Campus
Gipsy Lane
Oxford, OX3 0BP

tel: [5]+44 (0)1865 484354

Connect with OBIS:

[6]obis.brookes.ac.uk

[7]service.brookes.ac.uk
twitter: @obiscomms
[8]www.brookes.ac.uk

References

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2. http://www.dwp.gov.uk/docs/cop-ssfa.pdf
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4. http://www.ico.gov.uk/
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6. http://obis.brookes.ac.uk/
7. https://service.brookes.ac.uk/
8. http://www.brookes.ac.uk/